• Federal Circuit Reaffirms Importance of Intrinsic Record In Patent Interpretation
  • July 26, 2005 | Authors: Scott H. Blackman; Linda T. Coberly
  • Law Firms: Winston & Strawn LLP - Washington Office ; Winston & Strawn LLP - Chicago Office
  • On July 12, 2005, the Federal Circuit issued an eagerly awaited en banc decision regarding claim construction. Before hearing argument, the court in Phillips v. AWH Corp., No. 03-1269, had issued a series of questions to the litigants, any other interested parties, and the Patent and Trademark Office that suggested to many that the court was contemplating a change in the law of claim construction. Ultimately, however, the court reaffirmed the well-established notion that claims must be interpreted from the perspective of a person of ordinary skill in the art, in the context of the entire patent.